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NAVY | DRB | 2001_Navy | ND01-01182
Original file (ND01-01182.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
 DISCHARGE REVIEW
DECISIONAL DOCUMENT

ex-AO2, USN
Docket No. ND01-01182

Applicant’s Request
The application for discharge review, received 010911, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary record discharge review. The applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 020417. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service. The Board’s vote was unanimous that the character of the discharge shall not change. The discharge shall remain: UNDER HONORABLE CONDITIONS(GENERAL)/Alcohol Abuse - rehabilitation failure, authority: MILPERSMAN, Article 3630550.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. During my marriage (1982-1999) we never recovered (financially or emotionally) from the fire that devastated our apartment in Poway California ( I was attached to VF-126 at that time). We filed bankruptcy & Chapter 13 debt relief. Our financial situation was a constant source of friction & turmoil between myself & my spouse. I turned to alcohol to escape these problems. It didn't work. My naval career & marraige suffered because of it. I was sent to the alcohol rehab center at NAS MIRAMAR & completed the program. I relapsed months later & was subsequently discharged. My marraige continued to suffer & we finally divorced in 1999. I now live in Minnesota & have custody of our only son. Since he has been here he has received his high school GED (at age 16) works a part time & plans on attending college later this fall.
I am a professional driver & have been for approximately 10 years. The problems of my past no longer plague (including alcohol) me. My son & I have an excellent relationship. I was a good sailor when I was deployed at sea, not so good when I was shore based at home. My disease got the best of me during my service. I haven't conquered the disease, but I have it under control & my life is better for it.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214s (3)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        761109 - 791108  RELAD & transfer to USNR
                  USN                       800414 - 851113  HON
         Inactive: USNR (DEP)     None
                  USNR             791109 – 800413  REEN USN
                  USNR             860701 - 860914          


Period of Service Under Review :
Date of Enlistment: 860914               Date of Discharge: 900124

 Length of Service (years, months, days):

         Active: 03 04 11
         Inactive: None

 Age at Entry: 31                          Years Contracted: NFIR

 Education Level: 12                        AFQT: 69

 Highest Rate: AO1

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.47 (3)    Behavior: 3.53 (3)                OTA: 3.53

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR (3), AFEM, HSM, NEM, NUC, NER, GCM

 Days of Unauthorized Absence: None

 Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER HONORABLE CONDITIONS(GENERAL)/Alcohol abuse - rehabilitation failure, authority: MILPERSMAN, Article 3630550.
Chronological Listing of Significant Service Events :

880623:  Retention Warning: Advised of deficiency (Alcohol abuse), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

890523:  NJP for violation of UCMJ, Article 91: Disrespect towards a chief petty officer, violation of UCMJ, Article 92: Disobey a lawful order, violation of UCMJ, Article 112: Drunk on duty.
         Award: Forfeiture of $636 per month for 2 months, restriction and extra duty for 45 days, reduction to AO2. No indication of appeal in the record.
890607:  Applicant to Naval Rehabilitation Center, Miramar for treatment.

 890922:  NJP for violation of UCMJ, Article 134: Drunkenness - incapacitation for performance of duties through prior wrongful indulgence in intoxicating liquor.
         Award: Restriction for 60 days, reduction to AO3. Suspended for 6 months. No indication of appeal in the record.
891127:  Medical Evaluation for drug/alcohol dependency: Recommend separation for uncontrolled psychological dependence on drugs/alcohol.

891130:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason due to commission of a serious offense as evidenced by violation of the UCMJ Articles 91, 92, 112 and 134, and alcohol abuse rehabilitation failure.
891130:          Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
900116:  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant has committed alcohol abuse rehabilitation failure, and misconduct due to commission of a serious offense, that such failure/misconduct warranted separation, and recommended discharge under honorable conditions (general).

900210:  Commanding officer recommended directed discharge under honorable conditions (general) by reason of alcohol abuse rehabilitation failure.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 900124 under honorable conditions (general) due to alcohol abuse - rehabilitation failure (A). The Board presumed regularity in the conduct of governmental affairs (B). After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D).

Issue 1. While he may feel that his marital and financial problems were factors that contributed to his actions, the record clearly reflects his willful disregard for the requirements of military discipline and demonstrated that he was unfit for further service. The record is devoid of evidence that the applicant was not responsible for his conduct or that he should not be held accountable for his actions. Relief denied.

The applicant’s discharge characterization accurately reflects his service to his country. The discharge was proper and equitable. Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question. No such error or injustice occurred during the applicant’s enlistment. Additionally, there is no law, or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in civilian life, subsequent to leaving the service. However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review. Verifiable proof of any post-service accomplishments must be provided in order for the applicant to claim post-service conduct and behavior as a reason to upgrade a less than Honorable discharge. Evidence of continuing educational pursuits, an employment record, documentation of community service, certification of non-involvement with civil authorities and proof of his not using drugs, are examples of verifiable documents that should have been provided to receive consideration for relief, based on post-service conduct. The applicant did not provide sufficient documentation to warrant an upgrade to his discharge. He is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge. The applicant can provide additional documentation to support any claims of post-service accomplishments at that time. Legal representation at a personal appearance hearing is highly recommended but not required. Relief denied.

Pertinent Regulation/Law (at time of discharge)
A. The Naval Military Personnel Manual, (NAVPERS 15560C, effective 15 Jun 87 - 15 Aug 91), Article 3630550, SEPARATION OF ENLISTED PERSONNEL BY REASON OF ALCOHOL ABUSE REHABILITATION FAILURE.

B. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

C. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

D. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

PART IV - INFORMATION FOR THE APPLICANT
If you believe that the decision in your case is unclear, not responsive to the issues you raised, or does not otherwise comport with the decisional document requirements of DoD Directive 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Directive. You should read Enclosure (5) of the Directive before submitting such a complaint. The complaint procedure does not permit a challenge of the merits of the decision; it is designed solely to ensure that the decisional documents meet applicable requirements for clarity and responsiveness. You may view DoD Directive 1332.28 and other Decisional Documents by going online at " afls10.jag.af.mil ".

The names, and votes of the members of the Board are recorded on the original of this document and may be obtained from the service records by writing to:

                  Naval Council of Personnel Boards
                  Attn: Naval Discharge Review Board
                  720 Kennon Street SE Room 309
                  Washington Navy Yard D.C. 20374-5023    

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